Supreme Court of Louisiana, 1996

Dwyer v. Blanque

Dwyer v. Blanque
Supreme Court of Louisiana · Decided May 3, 1996 · Deny, Watson, Writ
672 So. 2d 697; 1996 La. LEXIS 1119; 1996 WL 227609 (Southern Reporter, Second Series)

Dwyer v. Blanque

Opinion of the Court

In re Blanque, David Andrew; — Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “G”, No. 82-16909; to the Court of Appeal, Fourth Circuit, No. 96CW-0906.

Writ granted. The record clearly establishes that Jennifer attained the age of 19 on March 27, 1996. Under the law, all existing child support obligations automatically expired on that date and no child support was due from the father, David Blanque, on April 1,1996. Therefore the trial court’s judgment of April 12, 1996 finding that David Blanque failed to pay the court-ordered support due April 1, 1996, and ordering him to pay the child support due April 1,1996, not later than April 19, 1996, was improper and is vacated and set aside. As indicated in the opinion of the Fourth Circuit Court of Appeal in this case dated April 3,1996, “the proper court to enforce the alimentary duty to support Jennifer beyond her nineteenth birthday is ... the 24th Judicial District Court for the Parish of Jefferson.”

WATSON, J., would deny the writ.

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